The Court of Appeal, headed by Hadhariah Syed Ismail, said that there was duplicity in Sam Ke Ting’s charges, in violation of Article 163 of the Code of Criminal Procedure, so the High Court's decision was invalid and illegal.
Hadhariah read out the verdict with deep sympathy for the families of the eight deceased in the case, but the court must rely on evidence when making its decision. And said in the position of the law is to prove the driver at fault before making a guilty verdict. The driver shouldn't bear all the responsible due to a fatal accident.
Video Credit: The Star
There was duplicity in Sam Ke Ting's charge
The prosecution admitted duplicity in Sam Ke Ting's charge at the retrial.
She said that according to Article 163 of the Code of Criminal Procedure (separate charges for different crimes), each charge could only have one count. But the prosecution said that duplicity in the charge would mean two counts in one charge, violating Article 163 of the Code of Criminal Procedure.
The Family Of The Deceased Feels Disappointed
Video Credit: The Star
A family member of the deceased confessed that they were disappointed with the decision, but could only accept it and move on with their lives.
The family said, no matter what happened, the parents of the victims will always be accused of not knowing how to take care of their children and being irresponsible, allowing their children to ride in the early hours of the morning. She also said that if she knew the child did this, of course, they would not allow it.
Another family member said they could only accept the verdict and let this tragedy pass. Each time the court hearing, the family of the deceased also has to face the pain and trauma. She believes that Sam Ke Ting will also regret and feel troubled.
